May 06

Andy Kerr’s TABOR End-Run Lawsuit Meets Timely Death

KERR-TAILED: Andy Kerr’s TABOR End-Run Lawsuit Meets Timely Death

Yesterday, a district court judge dismissed a lawsuit brought forward by Democratic state Sen. Andy Kerr, who is running to replace fellow Democrat Ed Perlmutter. The ruling was a huge victory for taxpayers and the lawsuit was the height of hubris by Kerr and Company. Here’s what we wrote about the lawsuit last month, when Kerr announced his run for Governor:

“The case has not been resolved and is still working its way through the court system, but the crux of the case is that Andy Kerr, represented by liberal U.S. Rep. Diana Degette’s husband Lino Lipinsky, believes that TABOR, or the taxpayer bill of rights, violates a representative government. Has Kerr been a passionate advocate for representative government in the past? No. In essence, he’s searching for any reason to undermine TABOR. Here’s what the Denver Post‘s then-editorial page editor, Vincent Carroll, wrote in 2013 about the case:

“They wish to be the sole authority in Colorado on ‘all questions [my emphasis] of timing, method, nature, purpose, extent, and priority with respect to the imposition of taxes or the appropriation of funds.’

They say this in a legal brief filed recently in support of a lawsuit urging federal courts to strike down the Taxpayer’s Bill of Rights as an unconstitutional infringement on legislative power.”

This is just disgusting. Given his obvious attempt at a power grab, Kerr should be rejected by any voter that does not consider him or herself a radical leftist. Here’s what Senate President Kevin Grantham had to say about the ruling:

“Senate Republicans applaud the district court’s decision to dismiss this case, which clearly was aimed at end-running and undermining, through sly legal maneuvers, the will of voters who wrote TABOR into the State Constitution. If TABOR foes are sure Coloradans no longer support the taxpayer protections and fiscal discipline TABOR provides, they should stop waging these guerilla wars and put a repeal measure on the ballot. They don’t do so because they know Coloradans continue to support the spirit and letter of this law.”

Grantham is right. Leftists don’t have the votes to pass this ill-advised potential ballot initiative, and Coloradans love the idea that TABOR represents. This blatant cash grab should be enough to disqualify Kerr from higher office.

https://coloradopeakpolitics.com/2017/05/05/kerr-tailed-andy-kerrs-tabor-end-run-lawsuit-meets-timely-death/

May 06

Judge Throws Out Challenge To Colorado’s Spending Limits

DENVER (AP) — A federal judge has dismissed a long-running lawsuit challenging Colorado’s strict tax and spending limits as unconstitutional but more appeals are possible.

U.S. District Judge Raymond Moore ruled Thursday that none of the former or current elected officials, educators or citizens challenging the 1992 Taxpayer’s Bill or Rights or TABOR have proved they were harmed by it. As a result, he said they don’t have the right to challenge the voter-approved measure in court.

TABOR also requires tax increases to be approved by voters. Challengers say that violates the U.S. Constitution, which guarantees a republican form of government in each state where elected officials make decisions.

The lawsuit was filed in 2011. Along the way, part of it was considered by the U.S. Supreme Court, which sent the case back to court in Denver.

Judge Throws Out Challenge To Colorado’s Spending Limits

http://denver.cbslocal.com/2017/05/05/tabor-taxpayers-rights/

 

May 05

Federal judge dismisses Kerr VS. Hickenlooper TABOR lawsuit, bringing possible end to six-year court fight

DENVER – The six-year fight over whether Colorado’s Taxpayer’s Bill of Rights (TABOR) violates state and federal laws came close to a possible end Thursday, when a U.S. District Court of Colorado judge dismissed the latest appeal and ordered the case be closed entirely.

 

The latest court actions from the federal district court came after the 10th Circuit Court of Appeals vacated the district court’s earlier decision that the plaintiffs in the case – which included numerous former and current state legislators, teachers and various city and county jurisdictions and departments – had standing in the case. The 10th Circuit sent the decision back to district court last June.

But the 10th Circuit’s decision came after the U.S. Supreme Court had sent the circuit court’s decision back to it in 2015, following a ruling in a similar case out of Arizona. Continue reading

Feb 26

After 25 years, TABOR still works for you

Douglas Bruce, author of the state’s Taxpayer’s Bill of Rights, is pictured in 2005 working on the campaign against Referendum C .

By Penn R. Pfiffner and Douglas Bruce | Guest Commentary

PUBLISHED: February 24, 2017 at 1:01 pm

The Taxpayer’s Bill of Rights works for you and its 25th anniversary this year is worth celebrating. Once again in 2017 you need to protect TABOR from the political elite attacking it.

TABOR belongs to you. It is how you set a broad control on government that must answer to you and your fellow citizens. It has succeeded in keeping a better balance between costly government programs and healthy family budgets.

Everyone has to live within a budget. That’s just life. Staying in budget brings stability to your family and helps you choose the most important ways to spend your money. The value of living within a budget applies not just to individuals and families, but also to government. That’s just smart — and fair.

To read the rest of this story, click (HERE):

Jan 01

Colorado Taxpayer Bill of Rights, Initiative 1 (1992)

The Colorado Taxpayer Bill of Rights (TABOR), also known as Initiative 1, was on the November 3, 1992 ballot in Colorado as an initiated constitutional amendment, where it was approved. The famed measure, thought up by Douglas Bruce, requires statewide voter approval of tax increases that exceed an index created by combining inflation and population increases.

 

 

 

 

 

Text of measure

See also: Colorado State Constitution, Article X

The language appeared on the ballot as:[2]

Shall there be an amendment to the Colorado Constitution to require voter approval for certain state and local government tax revenue increases and debt; to restrict property, income, and other taxes; to limit the rate of increase in state and local government spending; to allow additional initiative and referendum elections; and to provide for the mailing of information to registered voters?

Aftermath

Kerr v. Hickenlooper

See also: Kerr v. Hickenlooper

A lawsuit regarding Initiative 1 will likely have far reaching effects for other TABOR laws around the country and direct democracy, in general. A lawsuit was filed with U.S. District Court in Denver, with plaintiffs arguing that the amendment is unconstitutional. The lawsuit was filed during the week of May 27, 2011, by 34 bipartisan plaintiffs, according to reports.

According to Doug Bruce, author of the citizen initiative, if the lawsuit is successful in its efforts, it could allow lawmakers unlimited power, and could be extremely detrimental to citizen initiative efforts in the state of Colorado. Bruce stated: “This isn’t only attacking Colorado. The consequences of a ruling in their favor would invalidate the Constitution in all 50 states, and would also mean no limits on the federal government. We would have anarchy.”

However, one of the attorneys for the plaintiffs, David Skaggs, stated that the measure limits state legislators and conflicts with both the state and United States constitutions. Skaggs also argues that other initiatives have been overturned, but that it did not negatively affect the process. Skaggs commented: “Courts won’t reach beyond the narrow question presented. Yes, we got to this issue by initiative”, but the lawsuit targets TABOR and not citizens’ initiatives.

The case’s impact expanded significantly due to the consideration of a Guarantee Clause argument. In 2012, Colorado District Court Judge William J. Martínez ruled in favor of allowing the case to proceed. However, Martínez’s ruling noted the history of seeing the Guarantee Clause as not justiciable or capable of judicial resolution, and said, “the Court determines that it cannot summarily conclude that Plaintiffs’ Guarantee Clause claim is per se non-justiciable”

The defense appealed the decision to the 10th Circuit Court of Appeals. In March 2014, the court ruled that the case was justiciable. The court further denied a petition for rehearing en banc in July 2014. Some consider the case likely to reach the U.S. Supreme Court.

https://ballotpedia.org/Colorado_Taxpayer_Bill_of_Rights,_Initiative_1_(1992)

Oct 13

EDITORIAL: TABOR lawsuit misguided

50354_2201459078_608064_nPUEBLO CITY Schools (D60) Board of Education has joined a lawsuit that would overturn the Taxpayer’s Bill of Rights. Pueblo County District 70 joined the federal case earlier.

Educators have been led to believe that repealing TABOR’s state and local tax and spending restrictions would trickle down into more legislative funding of the public schools. Not so fast. The state’s recent budget history says otherwise.

Since approved by the voters in 1992, TABOR has done what it promised to do, which is to require voter approval before taxes can be raised and to tie revenue increases to Colorado’s overall economic growth unless voters permit.

In fact, state revenues and spending have increased every year under TABOR even under the cap of combined growth in population and inflation.

Continue reading

Oct 07

Will school districts make the difference in the legal fight against TABOR, Colorado’s tax law?

By Yesenia Robles
yrobles@chalkbeat.org
PUBLISHED: October 3, 2016 – 7:55 p.m. EDT

colorado-capitol-dome-tabor( Photo by Denver Post file )
A long-running legal challenge to Colorado’s constitutional amendment limiting tax revenues gained significant new allies Monday: school boards from five school districts.
Earlier this year, the U.S. Court of Appeals for the 10th circuit ruled that the lawsuit brought in 2011 had no standing because the original plaintiffs were not “directly injured by the law.”

The hope is that adding school districts to the lawsuit will meet that standard, and convince a district court judge that the lawsuit should proceed.

The boards from Denver Public Schools, Boulder Valley School District, Pueblo City Schools, Cheyenne County School District and Gunnison Watershed School District joined the suit.
Mike Johnson, a Denver school board member, said in a statement that since TABOR was enacted 24 years ago, Colorado has dropped to No. 42 in the nation in public funding for education, more than $2,000 per pupil lower than the national average.

“We are joining this lawsuit to restore the ability of the DPS board and the legislature to fund public education at the level Colorado students deserve,” said Johnson, who made the case to his board colleagues last month to join the lawsuit.

The Taxpayer’s Bill of Rights, or TABOR, was passed by voters in 1992. The law requires that local governments get approval from voters before raising taxes. It also limits the amount of taxes the government can collect, triggering refunds if revenues exceed an annually-adjusted cap, unless voters allow the government to keep the extra money. Continue reading

Oct 07

Colorado school districts join legal fight against TABOR

School officials say they have standing as plaintiffs because of drop in funding

Colorado school boards who claim Colorado’s Taxpayer Bill of Rights has decimated student funding have joined a five-year legal fight to have the law dismantled.

Five Colorado school boards have been added as new plaintiffs in the original federal lawsuit filed against the anti-tax measure, also known as TABOR. The suit was filed in 2011 and led by state Sen. Andy Kerr and House Speaker Dickey Lee Hullinghorst.

In June 2015, the U.S. Supreme Court returned the case to the 10th U.S. Circuit Court of Appeals in Denver for further review. But in June 2016, the Court of Appeals determined the legislative plaintiffs did not have standing to sue. The case was then sent back to U.S. District Court.

Lawyers for the original plaintiffs hope to keep the suit alive with the addition of the school districts, saying the districts have legal standing to sue because they have been directly injured by TABOR.

To read the rest of the story, click (HERE):

Oct 07

TABOR lawsuit is back, stronger than ever

TABOR lawsuit is back, stronger than ever

After suffering a major setback earlier this year, the legal team trying to repeal Colorado’s Taxpayer Bill of Rights amendment is back and charging once again into the breach.

Better known as TABOR, the amendment limits state spending and prohibits tax increases without a vote of the people. It has been panned by many lawmakers and policy analysts, and some point to it as a reason why Colorado lags in education funding nationally. Still, supporters believe it is a venerable effort at direct democracy.

In 2011, a group of public officials filed a lawsuit against the 1992 TABOR amendment, which puts an annual cap on the state’s tax revenue, on the grounds that it is unconstitutional. The case is officially filed against Governor Hickenlooper, who as head of state represents the Colorado Constitution. In the intervening five years, the case’s legitimacy has been, at different turns, supported, disputed and ultimately denied.

In 2013, two years after the case was filed, the Tenth Circuit approved it, heard it and handed down a decision in favor of the plaintiffs in 2014. But Colorado’s then-Attorney General, John Suthers, challenged that decision, arguing that the plaintiffs did not in fact qualify to be heard. The Supreme Court sided with Suthers and issued an order for the Tenth Circuit to reconsider the case in light of a recent decision, Arizona Legislature v. Arizona Redistricting Commission, that mandated that plaintiffs in this kind of case must be composed of complete government bodies, not just individuals. Continue reading